IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA] THURSDAY .THE TWENTIETH DAY OF FEBRUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3393 OF 2022 Between: Dr. G.A. Kumar, IAS(Rtd.), S/o Arun Kumar, Age. 65 years R/o Flat No.2, 2nd Floor, Block-B TAISHA - AIS Housing Complex 2nd Main Road.West Natesan Nagar Virugambakkam, Chennai ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh, Rep.by Public Prosecutor High Court, Amaravati. 2. Sri Sri Kukkala Durga Rao, S/o Lakshmana Swamy,Age.44 Years R/o Ravigoppu, H/6 Gummuluru, Poduru Mandal, West Godavari Andhra Pradesh ...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records of the petitioner in C.C. No.471/2019 on the file of the Addl. Judicial First-Class Magistrate, Palakol and quash the same as illegal, abuse of process of Law and vitiated by malafide I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay of all further proceedings including the presence of the Petitioner 'in C.C. No.471/2019 on the file of the Addl. Judicial First-Class Magistrate, Palakol pending disposal of main petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pillix Law Firm, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri N.N.Somendra Reddy Advocate for the Respondent No.2 The Court made the following Order : f^PHCOI 0222592022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY .THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT honourable dr justice VENKATA JYOTHIRMAI PRATAPA rpiMiMAl PETITION NO:^393/2^ [3396] THE Between: Dr. G.a. Kumar, las(rtd.) ...PETITIONER/ACCUSED AND ...RESP0NDENT/C01V1PLA1NANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused; 1.P1LUX LAW FIRM Counsel for the Respondent/complainant(S); 1 .N N SOMENDRA REDDY 2.PUBLIC PROSECUTOR (AP) The Court made the following; ORDER: The instant petition under Section 482 of Cr.P.C. has been filed by the Petitioner/accused, seeking quashment of proceedings against him in C.C.No.471 of 2019, on the file of the Additional Judicial First Class Magistrate, Palakol. 2. Heard Sri P.Aditya Harsha Vardhan, learned counsel representing Pillix Law firm, learned counsel for the petitioner and Sri C.Panini Somayaji, learned Additional Public Prosecutor is in attendance. 3. Learned counsel for the petitioner would submit that there is no legally enforceable debt in the present case to maintain the criminal proceedings under Section 138 of the Nl Act. Learned counsel would further submit that a statutory notice was also not served on the petitioner. Learned counsel would finally submit that the case should be quashed against the petitioner due to the lack of statutory requirements to maintain the case for the offense under Section 138 of the Nl Act. 4. Considering the submissions made and a fair look at the contents of the complaint, it is evident that the notice sent to the petitioner/accused returned. The reason for the return of the notice is unknown, and nothing has been placed before this Court in that regard. The subject cheque presented by the complainant was returned with an endorsement stating that payment was stopped by the drawer. The complaint further indicates that the notice was not received by the accused, though intimation was given. was 3 Therefore, the notice is returned unserved. The contentions raised in the present petition regarding the existence of a legally enforceable debt for the issuance of the subject cheque and the non-service of the legal notice on the accused are factual matters in dispute. This Court is of the considered view that disputed questions of fact cannot be decided while exercising jurisdiction under Section 482 of the Code by conducting a mini trial. In light of this, the present Criminal Petition lacks merit and is liable to be dismissed. In the result, this Criminal Petition is dismissed. 5. Pending interlocutory applications, if any, shall stands closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial First-Class Magistrate, Palakol, West Godavari District. 2. One CC to Sri. PilHx Law Firm, Advocate [OPUC] 3. One CC to Sri. N.N.Somendra Reddy, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh, at Amaravati [OUT] 5. Three CD Copies YM HIGH COURT DATED:20/02/2025 ORDER I 2 n 4(j6 2025 mj Section . oV CRLP.No.3393 of 2022 THIS CRIMINAL PETITION IS DISMISSED